La suspensión del proceso a prueba de los adolescentes infractores en el delito de robo, y su reincidencia dentro del proceso judicial en conflicto con la ley penal.
The suspension of the probationary process of adolescent offenders of the criminal law is an outdated method at present, the freedom of the adolescent offender and the commission of new crimes with similar characteristics and criminal types implies the helplessness of the law in front of the victim,...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/786 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/786 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Penal Adolescente infractor Delito Reincidencia |
| Sumario: | The suspension of the probationary process of adolescent offenders of the criminal law is an outdated method at present, the freedom of the adolescent offender and the commission of new crimes with similar characteristics and criminal types implies the helplessness of the law in front of the victim, On the other hand, the commission of a new crime in the fulfillment of a socio-educational measure after reaching the age of majority implies that this must be judged by criminal law. The incompatibility due to the matter between the Comprehensive Organic Criminal Code and the Code for Children and Adolescents implies that these two sanctions cannot be accumulated. The high crime rate in the country is due to a wave of recruitment by organized gangs that use minors for their tasks, taking advantage of the permissibility of the law and its opposition between criminal matters and those of children and adolescents. The study was carried out under a qualitative approach and a type of descriptive and documentary study, two interview guides composed of open and semi-closed questions were applied to a population made up of a judge of criminal guarantees based in the Esmeraldas canton and a Judge of Family, Childhood and Adolescence of the Esmeraldas Canton. The results showed that there is a conflict between the Organic Comprehensive Penal Code and the Code for Children and Adolescents regarding the judgment of the adolescent offender and his recidivism regarding the outdated model of suspension of the trial process. |
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